(1) All permit applications must be signed as
follows:
(a) for a corporation, by a
responsible corporate officer. A responsible corporate officer means:
(i) a president, secretary, treasurer, or
vice-president of the corporation in charge of a principal business function,
or any other person who performs similar policy- or decision-making functions
for the corporation; or
(ii) the
manager of one or more manufacturing, production, or operating facilities
employing more than 250 persons or having gross annual sales or expenditures
exceeding $25 million (in second-quarter 1980 dollars), if authority to sign
documents has been assigned or delegated to the manager in accordance with
corporate procedures.
(b) for a partnership or sole proprietorship,
by a general partner or the proprietor, respectively; or
(c) for a municipality, state, federal, or
other public agency, by either a principal executive officer or ranking elected
official. A principal executive officer of a federal agency includes:
(i) the chief executive officer of the
agency; or
(ii) a senior executive
officer having responsibility for the overall operations of a principal
geographic unit of the agency.
(2) All reports required by permits and other
information requested by the department must be signed by a person described in
(1) or by a duly authorized representative of that person. A person is a duly
authorized representative only if:
(a) the
authorization is made in writing by a person described in (1) ;
(b) the authorization specifies either an
individual or a position having responsibility for the overall operation of the
regulated facility or activity such as the position of plant manager, operator
of a well or a well field, superintendent, position of equivalent
responsibility, or an individual or position having overall responsibility for
environmental matters for the company (a duly authorized representative may
thus be either a named individual or any individual occupying a named position)
;
(c) the written authorization is
submitted to the department.
(3) If an authorization under (2) is no
longer accurate because a different individual or position has responsibility
for the overall operation of the facility, a new authorization satisfying the
requirements of (2) must be submitted to the department prior to or together
with any reports, information, or applications to be signed by an authorized
representative.
(4) Any person
signing a document under (1) or (2) shall make the following certification:
I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the
possibility of fine and imprisonment for knowing violations.
Notes
Mont. Admin. R.
17.30.1323
NEW, 1989 MAR p. 2060,
Eff. 12/8/89; TRANS, from DHES, 1996 MAR p. 1499; AMD, 2003 MAR p. 220, Eff.
2/14/03.
75-5-201,
75-5-401, MCA; IMP,
75-5-401,
MCA;